Claimant v MoreCare Services (UK) Ltd
Outcome
Individual claims
The claim (3303391/2022) was struck out under Rule 38 due to the claimant's unreasonable and scandalous conduct. The claimant manufactured fraudulent payslips using computer software, submitted them to the tribunal following a Rule 21 judgment to mislead the tribunal and obtain a financial gain, and made false statements in his witness statement about their preparation. The tribunal found his credibility was irretrievably destroyed and a fair trial could not take place on this claim.
Facts
The claimant brought two claims against the respondent (3303391/2022 for unlawful deduction of wages and 3303424/2022). After a Rule 21 judgment was issued in the claimant's favour for over £35,000 in the first claim (as the respondent had not initially responded), the respondent applied to reconsider and also applied to strike out on grounds of unreasonable conduct. The respondent alleged the claimant had manufactured fraudulent payslips and submitted witness statements without proper authority. The claimant had created payslips using online software, falsely stated his accountant had prepared them, and submitted them to obtain a financial award when he knew the respondent was not engaged in proceedings.
Decision
The tribunal struck out claim 3303391/2022 (unlawful deduction of wages) in its entirety under Rule 38. The judge found the claimant's conduct in manufacturing fraudulent payslips, submitting them to mislead the tribunal, and lying about their preparation was unreasonable and scandalous. This conduct irretrievably destroyed the claimant's credibility making a fair trial impossible. However, the tribunal did not strike out claim 3303424/2022, finding it disproportionate as that claim was filed separately and the misconduct occurred before the claims were joined.
Practical note
Manufacturing fraudulent documentary evidence (here, fake payslips) to support a claim and mislead the tribunal into awarding damages will result in strike-out, as such conduct irretrievably destroys a party's credibility and prevents a fair trial.
Legal authorities cited
Statutes
Case details
- Case number
- 3303391/2022
- Decision date
- 5 November 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No